Caucus style divorce mediation

Caucus-style divorce mediation is a growing form of mediation. It is a type that many lawyers have defined and used as a situation similar to a settlement conference. The problems with caucus-style mediations are that it diverts too much power from the husband and wife into the hands of the lawyers and the mediator.

A caucus-style divorce works by allowing people to stay out of the courtroom. This is often a good move, as it keeps the agreement in the hands of the divorcing parties and eliminates the decisions of a judge. The first step in this process is for client and attorney teams to spend a great deal of time and money gathering information, interviewing witnesses, investigating financial records, and fully preparing the case for trial. Once this is complete, the mediation process can begin.

The mediation process begins with each team presenting a position to the mediator that details the wants and needs of the client. This position may or may not be shared with the other side. Once the positions are received, both client/attorney teams meet in the same room with a mediator. The opening positions are shared and then each side retreats to a different room for the rest of the process. The mediator then carries proposals and messages from one side to the other. After each proposal is presented, the attorney and his client discuss the entire matter, and then the mediator returns to the other room with the response to the proposal. It is a time-consuming process that can take several hours.

Finally, the two parties reach an agreement and the divorce process is complete. This process usually takes 8-12 hours, but can take up to 15. It’s a grueling process for everyone involved.

While this style of mediation has its problems, it is an excellent option for a couple where there has been ongoing domestic violence or abuse. It is in the best interest of the abused individual to remain separated from their ex-spouse. This prevents contact between the two spouses and also eliminates the opportunity for verbal abuse or intimidation. It’s a lot harder to intimidate someone if they’re in a completely different room from you.

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